Gaither v. Myrick
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. Assumpsit, by the appellant against the appellee, to recover damages for losses on the sale of flour shipped by the plaintiff on board the ship “Seaman,” on a voyage from Baltimore to Valparaiso and a market, alleged to have been occasioned through the negligence and misconduct of the defendant, who was part owner and master of the ship, and consignee of the flour.
Read the full summary
Appeal from the Superior Court of Baltimore city. Assumpsit, by the appellant against the appellee, to recover damages for losses on the sale of flour shipped by the plaintiff on board the ship “Seaman,” on a voyage from Baltimore to Valparaiso and a market, alleged to have been occasioned through the negligence and misconduct of the defendant, who was part owner and master of the ship, and consignee of the flour. Plea, non assumpsit, with an agreement to waive all errors in pleading, and that either party might give in evidence any matter which would be admissible under any state of…
1Opinion of the CourtTuck, J.
The appellant sued the appellee, to recover damages for losses alleged to have been sustained on the sales of flour shipped on board a vessel which sailed from Baltimore, for “Valparaiso and a market,” of which the appellee was part owner, master and supercargo. Misconduct, negligence, and consequent liability, are imputed to him in each and all of these capacities.
At the trial fourteen prayers were offered' by the appellant, all of which were refused, except the last. They involve the construction of the contract, and the extent and proper exercise of the discretion reposed in the appellee,…
2Cases cited1 opinion
- Corner v. PendletonCourt of Appeals of Maryland · 1855
3Cited by8 opinions
- Coblentz v. StateCourt of Appeals of Maryland · 1933
- Mangels v. TippettCourt of Appeals of Maryland · 1934
- Vermont Marble Co. v. MeadSupreme Court of Vermont · 1911
- Longley v. McGeochCourt of Appeals of Maryland · 1911
- Chesley v. StateCourt of Special Appeals of Maryland · 1968
3 more not listed; retrieve them via the Exa API.